UAEssentials | Ask The Law
Ask the law: August 18, 2007
Ask the law: August 18, 2007
- Compiled by Dina Aboul Hosn
- Published: 23:12 August 16, 2007
Cancel work permit legally to avoid penalties
A reader from Dubai asks: I had gone on vacation and did return to the UAE. Will it affect me in case I wanted to come after a year for another employment? Is the residence visa automatically cancelled after three years?
It seems that the reader means that he had gone on a vacation and did not desire to return to the UAE before a year. We advise that such behaviour is incorrect and in violation of the Labour Law.
The residence is usually cancelled automatically and in addition, the sponsor might file an abscondence complaint against the questioner with the Ministry of Labour. In such a case, if the questioner returns to the UAE he would be arrested in the airport on charges of absconding, violating the Labour Law and not cancelling his visa as per the law. The reader would be banned for a year and he would be deported from the UAE. I advise the questioner to cancel his visa in a legal manner and avoid such consequences.
Leave
A reader from Sharjah asks: My wife is working with a private school as a teacher for more than seven years. She has availed of two maternity leaves from the school before and is now carrying our third child. Her employer said she could only have 30 days unpaid leave this time, claiming that this was in line with a new law by the Education Ministry. Is that right?
In fact, Article 30 of the UAE Labour Law states that a working lady should be entitled to a maternity leave fully paid for 45 days - covering the period before and after delivery, provided that her continuous service with her employer shall not be less than one year.
Otherwise she is entitled to the same leave but with half the wage. Therefore, we advise the reader and his wife to demand the employer to show them the (claimed) new law by the Ministry of Education, which is contradictory to the above article, as the employee shall always have the right to be aware of his or her rights and obligations.
Sponsorship
A reader from Dubai asks: I work in the software industry for a bank at its Dubai Internet City branch. My monthly salary is Dh13,000. I am a software professional. Can I sponsor my husband? The company is located in a free zone area. Kindly let me know if there would be any problems in sponsoring my husband.
We confirm that the questioner can sponsor her husband as long as her salary is as mentioned in her inquiry.
Investor
A reader from Sharjah asks: I have a Masters degree in engineering. I have an investor's visa. Can I work on this visa for another company without changing my visa because I have a small company?
The UAE Labour Law does not permit any person to work in the country under a different visa, and he should always work for his or her sponsor only. Therefore, the reader cannot work under an investor's visa as it will be in violation of the Labour Law. Otherwise, a penalty of imprisonment and fine, followed by deportation shall be applicable as per the Labour Law.
Bank loan
A reader from Dubai asks: I am working in an LLC company for two years. I got a loan from the bank to which I transfer my salary. Last month my employer told me that they will transfer me to an Asian country for a new project, which may take two to three years. Is there anyway I can pay my loan in monthly basis even I am out of the country? Can the bank file a case against me if that happens? Can I just remit money to my bank account amounting to my monthly payment?
In the first place, I don't advise the questioner to leave the UAE before he settles his loan to the bank, otherwise the bank might take legal proceedings against him claiming the outstanding amounts due to the bank. In such a case, the court issues judgment in favour of the bank. As a result, the reader would be listed as a wanted person. The questioner might be arrested in case he returns to the UAE.
The reader can transfer the loan amount in the company's name. The firm can act on his behalf to settle the bank's dues or the reader might also send monthly remittances to the creditor bank from any place outside the UAE.
Finally, I would like to draw the reader's attention to the fact that the bank might also claim the questioner's guarantor with the bank in case the questioner fails to settle the bank dues.
In other words, the bank will pursue both - the debtor and the guarantor.
Visa cancellation
A reader from Ras Al Khaimah asks: I am working in a consultancy company as a secretary and will complete one year in September. I want to cancel my limited employment visa. My question is, do I pay for my limited employment visa for cancelling it after one year? Would I get a six-month or a one-year ban for cancelling my limited contract?
The questioner would be subject to Article 116 of the Labour Law, which states that if the limited labour contract is cancelled by the employee for reasons other than as mentioned in Article 121, then the worker shall be liable to compensate the employer for any losses affected him as a result of breaching the contract, provided that the compensation amount shall be no more than the value of half the monthly wage for three months or the remaining period of the contract, whichever shorter, unless the contract states otherwise.
Therefore, as per the above mentioned article, the questioner would be in violation of the Labour law, and he or she get a one year ban.
I advise the questioner to seek amicable solution with her employer and try to get a 'No Objection Certificate' from the employer to transfer the visa and avoid the above troubles.
- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.
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